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59 Ateneo L.J. 1 (2014-2015)

handle is hein.journals/ateno59 and id is 1 raw text is: Hard Cases: A Little Justice, A Little Peace, and Some Dose of Impunity Herbert A. Loja* I. INTRODUCTION. .................................................. I II. IDEALISM: THE HIGH GROUND................3................3 III. REALISM: THE POLITICAL GROUND .............................. 7 IV. SYNTHESIS ......................................................12 V. SMART MIX OF TRANSITIONAL JUSTICE MEASURES.....................I 6 VI. CONCLUSION ...................................................17 I. INTRODUCTION No one is going to touch my people. The day they do, the state of law will come to an end. Augusto Pinochet' When General Augusto Pinochet uttered the aforequoted words, he was not making an empty threat. He meant business. As he was handing power to the new civilian government of Patricio Aylwin Az6car, he still had the loyalty of the security apparatus and the courts of Chile.' * '13 LL.M., University of Hong Kong; '93 LL.B., Xavier University - Ateneo de Cagayan. The Author is the Chief Political Affairs Officer at the Office of the Honorable Monique Yazmin Q. Lagdameo of the House of Representatives. The Author previously wrote From Pronouncement to Enforcement: Bridging the Gap in Law to Promote and Protect the Right to a Decent Environment, 58 ATENEO L.J. 740 (2013). This Article is based on the paper submitted in partial fulfilment of the requirements for LLAW 6152 (Dealing with Legacies of Human Rights Violations) of the Master of Laws in Human Rights Progranmme 2012-2013 at the University of Hong Kong. Cite as 59 ATENEo L.J. (2014). i. GEOFFREY ROBERTSON, CRIMES AGAINST HUMANITY 381 (2012) & Diane F. Orentlicher, Settling Accounts: The Duty to Posecute Human Rights Violations of a Tror Regime, 1oo YALE L. J. 2537, 2539 (1991) (citing AMERICAS WATCH, CHILE IN TRANSITION: HUMAN RIGHTS SINCE THE PLEBISCITE 1988-1989 73 (1989)). 2. Human Rights Watch, Human Rights Watch World Report 1990 - Chile, available at http://www.refworld.org/docid/467fca3o9.html (last accessed July 8, 2014). Digitized from Best Copy Available

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